Sec. 29. (a) In addition to the instructions printed on the ballot card or ballot labels, instructions to voters shall be posted in each voting booth or placed on the marking device. Each voter shall be instructed by both judges, on request, on how to operate the voting device before the voter enters the voting booth.
(b) The instructions posted in the voting booth or placed on the marking device must state the following:
(1) That the voter should examine the ballot card to determine whether the back of the ballot card has:
(A) the initials of the poll clerks in ink; or
(B) the printed initials of the poll clerks, in a vote center county using an electronic poll list and a printer separate from the electronic poll list that prints on the back of each ballot card, immediately before the ballot card is delivered to the voter, the printed initials of the poll clerks captured through the electronic signature pad or tablet at the time the poll clerks log into the electronic poll book system.
(2) That the voter should not make an unnecessary mark on the ballot card because the mark may void the card.
(3) That the voter should examine the ballot card to determine if the card has any mark (other than the initials of the poll clerks) before voting.
(4) That the voter should return the ballot card to the poll clerks and request another ballot card if:
(A) the poll clerks' initials have not been properly placed on the card;
(B) the card has a mark (other than the initials of the poll clerks) before the voter places a voting mark on the ballot; or
(C) the voter has improperly marked the card.
(5) That the voter should examine the ballot card after voting to determine that all marks made on the card to indicate the voter's selections have been completely marked.
(c) As provided by 52 U.S.C. 21081, a voter casting an optical scan ballot card under this section must be:
(1) permitted to verify in a private and independent manner the votes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any error in a private and independent manner before the ballot is cast and counted, including the opportunity to receive a replacement ballot if the voter is otherwise unable to change or correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for the office and provided an opportunity to correct the ballot before the ballot is cast and counted.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.315; P.L.209-2003, SEC.160; P.L.221-2005, SEC.84; P.L.164-2006, SEC.116; P.L.55-2014, SEC.8; P.L.128-2015, SEC.192.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
Chapter 13. Voting by Ballot Card Voting System
3-11-13-1. Application of Chapter
3-11-13-2. Permissible Use of System; Generally
3-11-13-3. Use of System at Primary Election; Requisites
3-11-13-4.5. Education Program to Inform of Effect of Casting Multiple Ballots for Single Office
3-11-13-6. Marking Devices; Preparation; Time of System Delivery to Polls
3-11-13-7. Demonstration Marking Devices
3-11-13-7.5. Ballot Marking Devices; Requirements
3-11-13-8. Marking of Ballot Cards in Secret
3-11-13-9. Sample Ballots; Requirements
3-11-13-10. Posting Sample Ballots
3-11-13-11. Ballot Information; Arrangement
3-11-13-11.5. No Quotation Marks in Formatting Public Questions on Ballot
3-11-13-13. Ballot Labels; Marking to Indicate List of Candidates Continued on Following Page
3-11-13-16. Rotation of Names of Candidates for Nomination at Primary Election
3-11-13-18. Ballot Cards for Write-in Voting; When Not Required; Standards to Define a Vote
3-11-13-23. Observation of Machine Tests; Certification
3-11-13-24. Applicability of Section to Certain Voting Systems; Testing Machines; Requirements
3-11-13-24.5. Testing Voting System Tabulation
3-11-13-25. Testing Machines; Detection of Error; Determination of Cause and Correction
3-11-13-26. Sealing Tabulating Machines Following Completion of Count
3-11-13-26.5. Instructional Displays
3-11-13-27. Determination of System Readiness; Certification
3-11-13-27.5. Opening and Delivering Ballots and Marking Devices
3-11-13-28.1. Applicability; Initials of Poll Clerks on Ballot Card
3-11-13-28.2. Applicability; Initials of Poll Clerks on Ballot Card
3-11-13-28.7. Poll Clerk Initials on Secrecy Envelopes; Standards to Define a Vote
3-11-13-29. Instructions to Voters; Location of Instructions; Rights of Voter in Casting Ballot
3-11-13-30. Instructions to Voter
3-11-13-31. Assisting Voter in Determining Proper Initials on Ballot Card
3-11-13-31.5. Visual Placement of Voting Booths
3-11-13-31.6. Voting Mark; Instructions
3-11-13-31.7. Voting Procedure; Standards to Define a Vote
3-11-13-32. Additional Instruction to Voter After Entering Voting Booth
3-11-13-32.5. Occupation of Voting Booth; Time Limits; Refusal to Leave
3-11-13-32.8. Disclosure of Vote by Voter Before Its Registration; Effect
3-11-13-35. Defaced or Defective Ballot Cards
3-11-13-36. Securing Marking Devices on Closing of Polls
3-11-13-37. Confirmation of Count
3-11-13-38. Petition for Confirmation of Vote Cast
3-11-13-40. Certification of Results of Audit
3-11-13-42. Municipal Election Use of Ballot Card Voting System
3-11-13-43. Municipal Elections Where Ballot Card Voting System Supplied; Supplies; Expenses